Export Control Reminder: Semi-Annual Encryption Reporting Deadline 8/1/19

Cooley Alert
July 26, 2019

August 1, 2019, is the deadline for submitting semi-annual reports for certain ENC Restricted encryption items exported or re-exported between January 1 and June 30, 2019, pursuant to paragraphs (b)(2) and (b)(3)(iii) of License Exception ENC (15 CFR 740.17). The encryption items subject to the semi-annual reporting requirement include:

  • Certain network infrastructure items
  • Certain encryption source code that is not publicly available
  • Items that have been specifically designed, modified, adapted or customized for "government end-users"
  • Commodities and software for quantum cryptography
  • Cryptanalytic items and items with an open cryptographic interface
  • Commodities and software that provide penetration capabilities that are capable of attacking, denying, disrupting or otherwise impairing the use of cyber infrastructure or networks
  • Items that perform advanced network vulnerability or digital forensics analysis

If you would like assistance determining whether the EAR's encryption controls or semi-annual reporting requirement apply to your products, please contact a member of our team.

This content is provided for general informational purposes only, and your access or use of the content does not create an attorney-client relationship between you or your organization and Cooley LLP, Cooley (UK) LLP, or any other affiliated practice or entity (collectively referred to as “Cooley”). By accessing this content, you agree that the information provided does not constitute legal or other professional advice. This content is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction and you should not act or refrain from acting based on this content. This content may be changed without notice. It is not guaranteed to be complete, correct or up to date, and it may not reflect the most current legal developments. Prior results do not guarantee a similar outcome. Do not send any confidential information to Cooley, as we do not have any duty to keep any information you provide to us confidential. This content may be considered Attorney Advertising and is subject to our legal notices.